Ischemia Research and Ed. Found. v. Pfizer, Inc.
Plaintiff Ischemia Research and Education Foundation (IREF) appeals from the trial court’s order granting a new trial to defendant Pfizer Inc. (Pfizer) on liability and defendant Dr. Ping Hsu (Hsu) on damages after a jury returned a $38 million verdict in IREF’s favor in IREF’s misappropriation of trade secrets action against Pfizer and Hsu. IREF contends that (1) the trial court’s order is void because the statutory period for ruling on the new trial motions had expired before the court issued its order, (2) the statutory provision permitting a trial court to grant a new trial for insufficiency of the evidence is unconstitutional, (3) the trial court’s order was an abuse of discretion, and (4) the trial court’s decision not to award exemplary damages (an issue upon which it granted IREF a new trial) was an abuse of discretion. Pfizer and Hsu have filed protective cross-appeals. We reject IREF’s contentions and affirm the trial court’s order. Therefore, we need not address the cross-appeals.
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